Aiding a felon is a felony in Wisconsin. Contact Van Severen Law Office, S.C. at (414) 270-0202 to discuss your case and representation.
Aiding a felon is a crime in Wisconsin that penalizes individuals who act with the intent to prevent the apprehension of a felon, harbor or aid a felon. This isn’t a charge that applies to individuals previously convicted of felonies, but instead individuals actively facing arrest or prosecution for new felony charges. For example, Ben punches Matt and breaks his nose, which could be charged as felony substantial battery. Billy helps Ben evade arrest for the felony charge and lets him stay inside of his house to avoid being arrested by police. Billy is aiding a felon.
Punishments for aiding a felon rely on the underlying felony charge. Our example in the first paragraph discusses substantial battery, which is a Class I felony in Wisconsin. Helping individuals avoid Class E, F, G, H, and I felonies is a Class I felony itself. Helping individuals avoid A, B, C, and D level felonies is a Class G felony. Accordingly, Billy’s charges will be a Class I felony. This is punishable by $10,000.00 in fines and up to 3.5 years prison. A Class G felony is punishable by up to 10 years in prison, $25,000.00 in fines, or both.
Van Severen Law Office, S.C. is a criminal defense law firm based in Milwaukee, WI. We operate satellite offices throughout the state, and our award-winning criminal defense lawyers travel throughout Wisconsin to help defendants. No matter how serious your criminal charges are, we can help. Contact us at (414) 270-0202 and let’s discuss what our firm can do for you. We do not charge for initial consultations.
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Section 946.47(1)(a) of the Wisconsin Statutes – aiding a felon
(1) Whoever does either of the following may be penalized as provided in sub. (2m):
(a) With intent to prevent the apprehension of a felon, harbors or aids him or her;
Subsection (2m) indicates:
(2m) Whoever violates sub. (1) is guilty of the following:
(a) A Class G felony, if the offense committed by the felon being aided is, or would have been if the offense had been committed in this state, any of the following:
1. A Class A, B, C, or D felony.
2. An unclassified felony that is punishable by a sentence of life imprisonment.
(b) A Class I felony, if the offense committed by the felon being aided is, or would have been if the offense had been committed in this state, any of the following:
1. A Class E, F, G, H, or I felony.
2. An unclassified felony that is not punishable by a sentence of life imprisonment.
This statute doesn’t look like a lot, but it covers a lot of potential conduct. Simply aiding a felon in an attempt to help that individual prevent apprehension is enough. Creative prosecutors could use the law to punish something that seems as harmless as providing the fugitive a place to sleep for one night, or indicating to them whether the police have been operating in the area. Although we recognize you may want to help friends and family members that are in a tough situation, to avoid criminal liability it is in your best interest to avoid doing so.
Wisconsin Criminal Jury Instruction 1790 – aiding a felon
The statute is easy to understand, but jury instructions provide us even more clarification. The instructions also list the elements of this offense, which are all of the separate parts that the government must prove against the defendant beyond a reasonable doubt.
Secondly, the person aided was a felon, or had engaged in the prohibited felonious conduct that constituted a felony.
A “felon” is an individual who has committed a crime punishable by imprisonment in the Wisconsin state prisons.
Thirdly, the defendant knew that the person he aided had engaged in the conduct which constitutes the felony.
Fourthly, the defendant aided the felon with the intent to prevent his or her apprehension.
This elements requires that the defendant had the purpose of preventing the felon from being taken into custody by law enforcement officers or was aware that his or her conduct was practically certain to cause that result.
The fourth element is an important one. Is giving a fugitive a meal enough to face charges for aiding a felon? The statute itself suggests the answer is yes. You’re helping them, right? But the fourth element clears this element up. The aid must be with the intent to prevent the fugitive’s apprehension. But, could providing them food allow the fugitive more time to stay “holed up” and not out in public? That certainly sounds close to satisfying the fourth element.
Hiding an individual running from felony charges is a felony in Wisconsin. Aiding a felon covers a wide variety of conduct, including straightforward situations like this. If you’re facing criminal charges in Wisconsin, contact Van Severen Law Office, S.C. at (414) 270-0202.
How to avoid criminal charges for aiding a felon:
We all make mistakes. Sometimes those mistakes are harmless. Other times those mistakes are serious and can lead to felony criminal charges. Sometimes our friends, family members, and the people we care about commit those mistakes.
So how can you help a fugitive fleeing prosecution for a felony criminal charge in Wisconsin? Unfortunately, you can’t. But it’s important to remind the individual that warrants don’t go away, and living an entire life on the run will not be a comfortable one. Additionally, as criminal defense attorneys, we’ve personally observed judges punish defendants more severely based purely upon the fact that they were on the run for a period of time. In other words, running from charges only makes them worse.
Remind the person you care about of this fact. Fleeing usually only makes things worse.
What should you do if you’re facing criminal charges in Wisconsin?
We think that the best course of action when facing criminal charges is to hire a criminal defense attorney. Felony charges in Wisconsin can very easily result in a conviction and a sentence to prison. At Van Severen Law Office, S.C., we have a history of representing defendants in difficult criminal cases and achieving positive results for them. Contact us at (414) 270-0202, and let’s set up a time to talk. We don’t charge for initial consultations, and instead take these meetings as an opportunity to learn about your case, discuss potential defenses, and then figure out how to help you.
